In 1996, congress passed the Health Insurance Portability and
Accountability Act (HIPPA). HIPPA provided the following:
Individuals
Long-term care premiums (and other out-of-pocket long-term care
costs) can be applied toward meeting the 7.5% threshold for medical
expense deductions for those who itemize. (Limits of deductibility
based on age are placed on the total premium amount that can be
deducted. (See below)
Benefits received from private long-term care insurance are generally
not treated as taxable income.
Government Age-Based Table for Long Term
Care Premium Tax Deduction (2004)
Attained Age Before Close
of The Taxable Year
|
Eligible Annual Long-Term
Care Premiums
|
| 40 or Younger |
$260 |
| 41-50 |
$490 |
| 51-60 |
$980 |
| 61-70 |
$2,600 |
| 70 or Older |
$3,250 |
Self Employed
Long-term care insurance premiums are treated like health insurance
premiums for self-employed individuals. Premiums are 100% deductible
for the business subject to the eligibility premium limits below.
Long-term care insurance benefits paid are tax-free.
Attained Age Before Close
of The Taxable Year
|
Eligible Annual Long-Term
Care Premiums
|
| 40 or Younger |
$260 |
| 41-50 |
$490 |
| 51-60 |
$980 |
| 61-70 |
$2,600 |
| 71 or Older |
$3,250 |
Partnerships, S – Corporations,
Limited Liability Companies (LLC’s)
Long Term care premiums for partners in a partnership, (more
than 2% shareholders) are generally treated like those for the
self-employed. (Subject to the limitations for the self employed).
Premium payments for less than 2% shareholder and other employees
are tax-deductible to the business. They are excluded from the
employee’s income, and benefits received are generally tax-free.
C Corporations
Premiums paid for a tax-qualified long-term care policy are 100%
deductible for the employees, spouses and their dependents. The
corporation can deduct the full premium (not subject to the limitations
for the self-employed). The premiums paid are not included in
the employee’s income, and benefits received are generally
tax-free.
Note: There are no nondiscrimination rules for the deductibility
of long-term care premiums. This allows an employer to be selective
in who they cover.